Policy —

World’s most “notorious” piracy market: the Internet

As the US government preps another release of its "notorious markets" list, …

Once a year, the US government engages in an odd exercise: calling out the world's "notorious markets" for copyright infringement and counterfeiting, often without any evidence that the markets in question are breaking either local or US law. Instead, the list is compiled from rightsholder complaints, and the US government then puts its imprimatur on them. And this year, the "notorious markets" list will be more prominent than ever.

The US Trade Representative has published such a list for years as part of its abominably named "Special 301" process, in which intellectual property rightsholders complain to the government about how other countries have terrible IP laws. This year, the notorious markets list will become a separate report and will focus not on laws but on private companies, and peer-to-peer file-sharing hubs now top the list.

USTR insists that "the list does not represent a finding of violation of law," but critics question what the point of it is, especially since USTR wants other countries to "step up efforts to combat piracy and counterfeiting in these and similar markets."

"This is at worst a contradiction, and at best a sign of the vague purposes of the notorious markets list," said Public Knowledge in comments recently filed with the agency. "The USTR cannot evade the role it has taken on: Creating a watchlist of foreign companies it claims violate the law is a fundamentally law enforcement activity, not a trade policy activity... [USTR] has pre-decided complex legal and factual issues. It is as though the French government had stepped in to preemptively declare that a French company was in the right in a billion-dollar lawsuit against an American company."

This isn't to say that the companies appearing on the list are exemplars of virtue; indeed, many are unbelievably dodgy if not clearly illegal. US judges have already ruled against sites like IsoHunt, for instance, while Sweden has done the same to The Pirate Bay's operators.

But for other sites, legality isn't clear. For instance, the motion picture industry filed its candidates for inclusion on the list last week, and they include the cyberlocker site RapidShare. Yes, RapidShare is awash in illicit content, but both US and German courts refused to sanction the company. Many of these services rely solely on user uploads, and in many countries, that raises complicated legal questions involving safe harbors, inducement, etc.

As Public Knowledge complains, "If the USTR is going to take sides in the matter, it should articulate its reasons. What is its basis for declaring that a [Korean] webhard service is a 'notorious' infringer, and how does this service differ from an ordinary, non-infringing web host or online file locker? What is the specific factual and legal basis for placing Baidu on a watchlist, but not Yahoo or Google?"

Still, USTR is going ahead with its list. What's likely to be on it? The MPAA filing gives us a hint. Here's what the motion picture industry sees as its highest P2P priorities:

Btjunkie.org, Sweden

Demonoid, Ukraine

IsoHunt, Canada

Kickasstorrents, Sweden

Rutracker.org, Russia

The Pirate Bay, Sweden

Next come the cyberlockers:

Ba-k.com, Mexico

Megaupload, Netherlands

RapidShare, Switzerland/Germany

Webhards, Korea

Finally, a newsgroup site (UseNext.de) makes the list, its very existence showing just how willing people are to pay for content. With 200,000 regular users and subscription plans starting at US$10 a month (i.e., more than a Netflix subscription, though Netflix is not available outside the US), MPAA estimates that the site clears around €100,000 a month.

And physical markets still matter. The MPAA calls out of host of colorful operations including the Cheriomushkinsky Market in Moscow and places in Ukraine, Thailand, Indonesia, Colombia, and China. Not all markets are in distant places, however; Toronto's "Golden Horseshoe Area" flea markets also made the list.

Dear recording industry: No matter how right or wrong piracy is, it's here to stay. You can't unscrew this pregnant woman. The horse has left the barn. You're going to have to totally rethink you're industry.

Sorry. Don't know what else to say. Litigating you way out of it isn't working nor will trying to close down sites as you close down one and 20 more pop up.

I'm sure the record execs that got rich on the backs of all those artists wish they could just turn off the Internet totally and go back to doling out 5 cent CD's at $17 a pop, but those days are gone. You guys may actually have to go out and work for a living now (the recording execs, not the artists. Every professional musician I know busts his or her ass to scrap by and they all have to have second jobs). I'd rather pay the artists directly anyway.

Anyone else notice how the oldest source of pirated digital goods - the usenet(NNTP) - is largely ignored? I would wager that most of them have never even heard of it. Probably a lot of ars readers too.

Anyone else notice how the oldest source of pirated digital goods - the usenet(NNTP) - is largely ignored? I would wager that most of them have never even heard of it. Probably a lot of ars readers too.

"Finally, a newsgroup site (UseNext.de) makes the list, its very existence showing just how willing people are to pay for content."

Bite it wimps!!! Canada has been number one for ages and were going to drive it home again. It's gonna be tougher this year because the PM sold out the country with ACTA, and piracy has been dropping like a rock. But I still think we win this one. It ain't over till it's over!!!

Funny. S.Korea was one of the countries agreeing ACTA from the beginning and most of the webhards there comply immediately with takedown notices. The problem MPAA probably has with it is that they actually have to put effort to look through those webhards rather than the webhard company spending their own resources to police it for them.

Anyone else notice how the oldest source of pirated digital goods - the usenet(NNTP) - is largely ignored? I would wager that most of them have never even heard of it. Probably a lot of ars readers too.

"Finally, a newsgroup site (UseNext.de) makes the list, its very existence showing just how willing people are to pay for content."

Anyone else notice how the oldest source of pirated digital goods - the usenet(NNTP) - is largely ignored? I would wager that most of them have never even heard of it. Probably a lot of ars readers too.

"Finally, a newsgroup site (UseNext.de) makes the list, its very existence showing just how willing people are to pay for content."

Shhh! The first rule of Usenet is...

Quiet! You'll bring the Scene down on us all! *Locks doors and windows*

>>Finally, a newsgroup site (UseNext.de) makes the list, its very existence showing just how willing people are to pay for content<<Actually, it shows more: the problem is not an issue of payment. The problem is an undesirable delivery model.

Anyone else notice how the oldest source of pirated digital goods - the usenet(NNTP) - is largely ignored? I would wager that most of them have never even heard of it. Probably a lot of ars readers too.

"Finally, a newsgroup site (UseNext.de) makes the list, its very existence showing just how willing people are to pay for content."

Well I am on a total boycott of all things MAFIAA.They will never see a dime of money out of me and I have been on this kick for almost 2 years.I will buy indie stuff but no way do I feed the hand of greed.

And to those bozos you won't stop people from sharing files ever.You take one site down and we put many sites up just like the hydra.

Well I am on a total boycott of all things MAFIAA.They will never see a dime of money out of me and I have been on this kick for almost 2 years.I will buy indie stuff but no way do I feed the hand of greed.

And to those bozos you won't stop people from sharing files ever.You take one site down and we put many sites up just like the hydra.

FRAK YOU MAFIAA !!!

I've always wondered what exactly goes through peoples' heads when they make big references to "MAFIAA" or "M$" or "CRAPPLE." I mean honestly, do they think they're clever? Does it make them think they're cool? Are they simply unaware that such action merely marks their post with a giant "IGNORE EVERYTHING THIS PERSON HAS TO SAY" warning label?

Anyone else notice how the oldest source of pirated digital goods - the usenet(NNTP) - is largely ignored? I would wager that most of them have never even heard of it. Probably a lot of ars readers too.

"Finally, a newsgroup site (UseNext.de) makes the list, its very existence showing just how willing people are to pay for content."

Shhh! The first rule of Usenet is...

Quiet! You'll bring the Scene down on us all! *Locks doors and windows*

Not to worry. The most they'll ever be able to do is go after the more notorious NZB indexing sites (BTW, Newzbin is back as Newzbin2) that actually have automated or human based reporting. Meanwhile the free stuff like binsearch.info or nzbindex.nl will go untouched as it's nothing more than a pure search of all binaries without any groups or reporting.

Torrenting is now pretty much safe in Switzerland as is hosting the trackers. So grab a VPN/Proxy there if that's your gig.

Producers - get with the times. You're losing out on serious revenue streams by ignoring digital media (even the gamin companies realize that digital distribution is a real money maker)! Digital Copy flocking sucks. I tried using a Digital Copy once, and I can say without a doubt that I'd rather shove a red hot poker up my arse while chopping my dick off than deal with that garbage again. You get one D/L (DVD resolution or portable resolution). Then you find out that if you ever need to remove that file to format and install your OS fresh or run out of space on your portable device that you're SOL because, there is no way to make a backup or d/l again (this is more convenient than ripping your DVD/Bluray or D/L a copy from the Internet in what way). And you wonder why piracy is so prevalent? Really? You're that dense?

Where is the AllofMP3 style media d/l's? All you can consume, price dictated by file size (or resolution 480p/720p/1080p), reasonable pricing $10 at most for a 1080p rip that's no larger than 8.5 - 9GB in X.264 format inside an MKV conatiner, and no idiotic DRM. Obviously DRM hasn't stopped piracy, so in what way would removing DRM harm you? You might actually find that when you don't piss your customers off they buy more goods - gasp.

FTA: (i.e., more than a Netflix subscription, though Netflix is not available outside the US)

Really? Last time I checked, I lived in Canada and I was just watching some NetFlix last night (on my PS3). Have I been somehow teleported to the US?

You are watching a grossly gimped version of what the US calls Netflix. You were in no way, shape or form watching the <i>real</i> Netflix. Silly Canadian's getting confused so easily (I'm Canadian too, don't get so mad).

The real crime is that if you toss $1 into the tip jar of a guy playing music on the street corner, you pay them far more than if they were a "Pro" and you bought their $18.99 CD. The music "Industry" has forgotten like others that all music, acting, art is in essence a form of "Busking". Performing hoping people will toss you coins isn't a "new" idea, it's been the way it's supposed to be since the dawn of time.

A "Tip Economy" would support good artists in reasonable comfort and even let mediocre ones "Sing for their supper" once in a while. What it won't support is a mountain of ultra rich businessmen, a legion of toadies and "Middle Men" and executives who think they are the "Lord of Music" who can decide what succeeds, fails and is even heard at all.

When the "Industry" took over, when it became feasible to record, mass produce and playback music, videos, art, etc. 95% of all with "The muse" lost their primary means of earning a living. They were never for the most part really rich, most just got by, but they had that thing in them that let them love their "Job" even if some slept outside holding a guitar once in a while. But when the industry took over, while a few very rare ones got 'rich' most had NO outlet anymore, period. And it was called "Progress". After all, why pay a symphony orchestra to be on call at 3 am in the morning when if you can't sleep you can crank a record player and put on a wax trax?

Now, the music industry cries that it's means of making a living is "Stolen" by a new technology. They reap what they have sown.

Not that I'm for, believe it or not, "Stealing their .... work...."They are vermin and so greedy that they are unaware that "Stealing" actually promotes their work.

What is needed is to find true "Independent" artists and support them. What was your entertainment budget when you liked music and had some $ to buy CDs...? "Support what you like". Find artists who are "Cool" with their fans and have nothing to do with the RIAA, etc. Donate $ to them. Buy their product directly.

Whatever "need" for the industry has long past. Just read any book on "How to get into the music industry". It warns how all the cost of producing, transport, advertising, all the wild parties... All of it the musician pays from their salary now on TOP OF paying the record company. Frankly their one remaining 'advantage' is their hold on radio stations, record stores, tv. A PC, an instrument, some recording hardware and mixing software and a web access, a musician can do far more than tens of thousands of dollars 2 decades ago or hundreds of thousands of dollars 4 decades ago. Might be a pain to promote and advertize, but more of a pain to pay someone else a premium salary and most of your $ for whatever "Advantage" they claimed to have provided.

STOP buying their stuff, period, they'll collapse. Then the tvs, record stores, radio stations will be desperate for content and the last few "Companies" will make them hesitant to let any of them ever sign a "Contract" again. Musicians will get on the air based on popularity and talent, including "Niche" interests (Goths, punkers, etc.) not the pick and choose and disposal of big corporations...

For those countries which impose a levy on blank media and other recording/storage devices, isn't it sort of impossible to infringe on anything? The content owners are paid out of a fund created by presuming that everyone in the country is committing infringement. They're compensated already for infringement that, in most cases, will never even occur.

The content industries lobbied for these levies to be imposed. The people of the nations in question are paying protection money on every blank disc (or camera, or hard drive) they buy, on the presumption that they have already infringed on someone's copyright. So how does this not absolve the entire country of accusations of infringement? Otherwise they're being punished for a transgression they've never committed.

It's about time that the golden horseshoe in Ontario (really, the greater Toronto area, and Markham specifically) is being recognized for being a hive of scum and villanry that it is. Enforcement of laws is laughably lax (and even then, the laws really don't provide much of a deterrent factor as currently written)

The real crime is that if you toss $1 into the tip jar of a guy playing music on the street corner, you pay them far more than if they were a "Pro" and you bought their $18.99 CD. The music "Industry" has forgotten like others that all music, acting, art is in essence a form of "Busking". Performing hoping people will toss you coins isn't a "new" idea, it's been the way it's supposed to be since the dawn of time.

A "Tip Economy" would support good artists in reasonable comfort and even let mediocre ones "Sing for their supper" once in a while. What it won't support is a mountain of ultra rich businessmen, a legion of toadies and "Middle Men" and executives who think they are the "Lord of Music" who can decide what succeeds, fails and is even heard at all.

When the "Industry" took over, when it became feasible to record, mass produce and playback music, videos, art, etc. 95% of all with "The muse" lost their primary means of earning a living. They were never for the most part really rich, most just got by, but they had that thing in them that let them love their "Job" even if some slept outside holding a guitar once in a while. But when the industry took over, while a few very rare ones got 'rich' most had NO outlet anymore, period. And it was called "Progress". After all, why pay a symphony orchestra to be on call at 3 am in the morning when if you can't sleep you can crank a record player and put on a wax trax?

Now, the music industry cries that it's means of making a living is "Stolen" by a new technology. They reap what they have sown.

Not that I'm for, believe it or not, "Stealing their .... work...."They are vermin and so greedy that they are unaware that "Stealing" actually promotes their work.

What is needed is to find true "Independent" artists and support them. What was your entertainment budget when you liked music and had some $ to buy CDs...? "Support what you like". Find artists who are "Cool" with their fans and have nothing to do with the RIAA, etc. Donate $ to them. Buy their product directly.

Whatever "need" for the industry has long past. Just read any book on "How to get into the music industry". It warns how all the cost of producing, transport, advertising, all the wild parties... All of it the musician pays from their salary now on TOP OF paying the record company. Frankly their one remaining 'advantage' is their hold on radio stations, record stores, tv. A PC, an instrument, some recording hardware and mixing software and a web access, a musician can do far more than tens of thousands of dollars 2 decades ago or hundreds of thousands of dollars 4 decades ago. Might be a pain to promote and advertize, but more of a pain to pay someone else a premium salary and most of your $ for whatever "Advantage" they claimed to have provided.

STOP buying their stuff, period, they'll collapse. Then the tvs, record stores, radio stations will be desperate for content and the last few "Companies" will make them hesitant to let any of them ever sign a "Contract" again. Musicians will get on the air based on popularity and talent, including "Niche" interests (Goths, punkers, etc.) not the pick and choose and disposal of big corporations...

Yeah, and that's the way it used to be for most industries. If you needed a doctor, you gave him your best chicken in return. Let's go back to the way it used to be.

In any case, no one in the music industry is saying that you must buy their stuff. They're just saying don't steal their stuff.

Making a good album takes a lot more than just a little recording equipment. There are plenty of great artists who've managed to make their debut album recordings, such as Led Zeppelin, for 'little expense'. That was in 1968.

In any case, you suggest people ought to pay for the work of artists that they like who have nothing to do with the RIAA. But you're just defending pirates. Pirates don't give a damn about anyone except themselves. They want their $100,000+/- of content for free. The industry that invests in entertainment want to bring them down. Good for them and good luck to them for it.

The slow politicians, though, are dragging their feet. They need to pick up the pace and start bringing down these sites. If they and the entire Internet industry (ie Google) put as much effort into anti-piracy as they did anti-child-porn, we wouldn't be in this situation today. Those paedophile-maggots are still around, but well hidden underground and living in constant fear. That's how it should be for pirates and piracy.

The slow politicians, though, are dragging their feet. They need to pick up the pace and start bringing down these sites. If they and the entire Internet industry (ie Google) put as much effort into anti-piracy as they did anti-child-porn, we wouldn't be in this situation today. Those paedophile-maggots are still around, but well hidden underground and living in constant fear. That's how it should be for pirates and piracy.

You know how pathetic the argument is when you have to compare child rapists to people sharing music and movies.

Contrary to popular belief sharing is caring. Sharing is not piracy(although it is condemned as it-at least in the States). Sharing is such a basic "feature" embedded in the Internet, the same way as the function COPY(ctrl+c) is embedded in every OS ever devised(except IOS - related to files not text ). The jurors administering that large sum to that poor lady thought of the files as something you can physically grab at walmart; ignorants will always think that the Internet is one giant iTunes where they think they "buy" music. What one man/woman downloads of the Internet it is his/her business. There is no lost revenue as there was no intention in the 1st place to PAY for a licence(aka the naivety of "download to own").Let's say they kill the torrent-ing sites. How do you kill the file sending feature of every IM out there. How do you kill the bazillions of direct connect clients. Well...the RIAA utopia would be regressing every OS on the planet to iOS (again in regards to file transferring - otherwise a good OS). Software should be like a service not a lump of bits on some kind of delivery medium. You pay for the Starcraft DVD...in fact you pay for the serial of that DVD which gets checked on Bnet. You can download Starcraft of the net but you cannot play it on-line properly. If you are a music lover you might as well play for the centralised access of "all" songs(the only relative PITA of file sharing is searching across many sources in order to find the right stuff) aka subscription based models. Thus you pay for the service and not for the illusion of owning a song.Anyway seems like sharing in the USA is risky(exciting ? ). Like no one ever before borrowed a dvd to a friend that ripped it at home.

PS: I am not sure but WP7 may have the same restriction as iOS - I don't want to look biased. It always puzzled me how one of the most advanced phones out there has BT but you can only do what you are permitted to do via BT by the iOS designers. And they say Nokia is dead or symbian is so antique. It sells pretty well back here in Europe where we do our sharing even on our phones, phones that have a file system and you can actually store stuff on it. JB is THE way, it is the way the iPhone was meant to be used and not constrained by "paper" shackles.

Sorry, I think mediafire is anti-piracy. They have pretty good mods or algos or whatever that can effectively track dmca infringing materials, especially since they have a policy of no password protected files.

I think mediafire is anti-piracy. They have pretty good mods or algos or whatever that can effectively track dmca infringing materials, especially since they have a policy of no password protected files.

Yeah I have to agree. I've never find any infringing material on Mediafire. Which makes google autocompletion feature handy : Type mediafire plus any letter, and it offers you an encyclopedia of modern music. For free.